Law and Justice Research Journal
Vol. 1 No. 4 (2025): October: Law and Justice research journal

The Role of The Government in Enforcing Mining Rehabilitation Laws: Environmental Law and Mining Law




Article Info

Publish Date
31 Oct 2025

Abstract

Mining activities in Indonesia result in significant environmental degradation, necessitating a robust legal framework for post-mining rehabilitation. However, enforcement is often hindered by normative overlaps between the Mining Law (No. 3/2020) and the Environmental Law (No. 32/2009), alongside a "supervisory vacuum" caused by recent centralization. This research evaluates the government's role in enforcing rehabilitation obligations and proposes a synchronized legal approach. Using a normative juridical method, the study identifies that authority fragmentation leads to a lack of accountability in reclamation fund management. Findings suggest that rehabilitation is frequently treated as a formal administrative procedure rather than a substantive ecological duty. Consequently, this study proposes a "Green Mining Governance" model that integrates environmental standards directly into mining permits (IUP) through a unified, inter-agency supervision system. This proposed framework integrates stringent environmental standards directly into the Mining Business Permit (IUP) and the annual Work Program and Budget (RKAB) through a unified, inter-agency supervision system. Such a reconstruction is essential to ensure that environmental restoration transcends formalistic requirements, evolving into a substantive legal obligation aimed at achieving long-term ecological justice and sustainable resource management.

Copyrights © 2025






Journal Info

Abbrev

LJRJ

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Law and Justice research journal, This journal is intended for the publication of scientific articles published by the International Forum of Researchers and Lecturers. The journal reviews various aspects of international law such as human rights, international peace, dispute settlement, ...